- (1.) THE opposite party is the appellant.
(2.) THE complainant has availed the services of the opposite party by sending the documents from Nagapattinam to Chennai, K.K.Nagar to one Selvakumar through courier service of the opposite party on payment of Rs.14/ - on 9.9.2009 which is not received by the consignee at Chennai till 10.10.2009 and on enquiry on 11.10.2009 at the opposite party office no proper response was given. Since the consignment sent is the original RC Book with hypothecation termination letter, because of the non delivery of the same to the concerned person which may cause unnecessary trouble by misusing the documents by other parties. The complainant after giving a legal notice filed the complaint claiming direction for to get back the documents sent by him in original and to pay Rs.15,000/ - as compensation for mental agony and for costs.
(3.) THE opposite party / appellant denying the allegations before the District Forum by contending that the complainant failed to disclose the contents of the cover as per the rules and regulations of the courier service and the original documents could not sent through courier service and at the most the courier service is liable to pay only to the extent of Rs.100/ - only if any loss during the transit is caused and in this case the letter was delivered to the concerned person at Chennai on the next day itself as per the repot and records received from the Chennai office. Hence there is no deficiency in service on the part of the opposite party. The District Forum on the basis of both sides materials after an enquiry allowed the complaint by directing the opposite party to make necessary arrangements to get back the documents sent by the complainant and to pay a sum of Rs.10,000/ -as compensation and to pay Rs.1000/ - as costs.;